Industrial Relations Secretary (on behalf of Corrective Services NSW) v Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales [2019] NSWIRComm 1084

Industrial Relations Commission New South Wales Medium Neutral Citation: Industrial Relations Secretary (on behalf of Corrective Services NSW) v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2019] NSWIRComm 1084 Hearing dates: 29 October 2019 Date of orders: 08 November 2019 Decision date: 08 November 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: The Commission:

1. Recommends that industrial action cease.

2. Proposes to determine, pursuant to s 175 of the Industrial Relations Act 1996, that the entitlement to a meal allowance pursuant to cl 12.2.1 of the Crown Employees (Correctional Officers, Department of Justice – Corrective Services NSW) Award 2007 for Kempsey, Dillwynia, Wellington and John Morony Correctional Centres is dependent upon the employee meeting the conditions specified in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009.

3. Grants liberty to apply within 7 days in respect of the terms of the determination in 2. Catchwords: AWARDS – interpretation – entitlement to meal allowance when working overtime Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Kucks v CSR Limited (1996) 66 IR 182 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 23 Category: Principal judgment Parties: Industrial Relations Secretary (Notifier) Public Service Association and Professional Officers Association Amalgamated Union of New South Wales (Respondent) Representation: Counsel: A Britt (Notifier) R Reitano (Respondent)